Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Proposed Rules 36519 

requires accomplishing the requirements of 

paragraph (g)(1) of this AD. 

(8) The ‘‘Remarks’’ section of EASA AD 

2021–0023 does not apply to this AD. 

(i) No Reporting Requirement 

Where the service information referenced 

in EASA AD 2021–0023 specifies to submit 

certain information to the manufacturer, this 

AD does not include that requirement. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, International Validation 

Branch, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. In 

accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the International Validation 

Branch, send it to the attention of the person 

identified in paragraph (k)(2) of this AD. 

Information may be emailed to: 9-ANMLAACO-AMOC-REQUESTS@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(k) Related Information 

(1) For EASA AD 2021–0023, contact the 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; internet 

www.easa.europa.eu. You may find this 

EASA AD on the EASA website at https://

ad.easa.europa.eu. For Airbus Helicopter 

service information identified in this AD, 

Airbus Helicopters, 2701 N. Forum Drive, 

Grand Prairie, TX 75052; telephone (972) 

641–0000 or (800) 232–0323; fax (972) 641– 

3775; or at https://www.airbus.com/ 

helicopters/services/technical-support.html. 

You may view this material at the FAA, 

Office of the Regional Counsel, Southwest 

Region, 10101 Hillwood Pkwy., Room 6N– 

321, Fort Worth, TX 76177. For information 

on the availability of this material at the 

FAA, call (817) 222–5110. The EASA 

material may be found in the AD docket on 

the internet at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2021–0559. 

(2) For more information about this AD, 

contact Daniel Poblete, Aerospace Engineer, 

Systems & Equipment Section, Los Angeles 

ACO Branch, Compliance & Airworthiness 

Division, 3960 Paramount Blvd., Lakewood, 

CA 90712; telephone (562) 627–5335; email 

daniel.d.poblete@faa.gov. 

Issued on July 2, 2021. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–14692 Filed 7–9–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No.: 210630–0140] 

RIN 0648–BK10 

Fisheries of the Northeastern United 

States; Southern Red Hake Rebuilding 

Plan; Framework Adjustment 62 to the 

Small-Mesh Multispecies Fishery 

Management Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to approve 

and implement Framework Adjustment 

62 for Whiting, Red Hake, and Offshore 

Hake to the Northeast Multispecies 

Fishery Management Plan. The purpose 

of this action is to establish a 10-year 

rebuilding plan and adjust management 

measures for the overfished southern 

red hake stock. This action is necessary 

to meet the statutory requirements for 

an overfished stock and rebuilding plan 

consistent with the Magnuson-Stevens 

Fishery Conservation and Management 

Act. 

DATES: Comments must be received by 

July 27, 2021. 

ADDRESSES: The New England Fishery 

Management Council has prepared a 

draft environmental assessment (EA) for 

this action that describes the proposed 

measures in Framework Adjustment 62, 

other considered alternatives, and 

analyzes the impacts of the proposed 

measures and alternatives. The Council 

submitted a draft of Framework 62 to 

NMFS that includes the draft EA, a 

description of the Council’s preferred 

alternatives, and the Council’s rationale 

for selecting each alternative. Copies of 

the draft Framework 62, the draft EA, 

and information on the economic 

impacts of this proposed rulemaking are 

available upon request from Thomas A. 

Nies, Executive Director, New England 

Fishery Management Council, 50 Water 

Street, Newburyport, MA 01950 and 

accessible via the internet in documents 

available at: https://www.nefmc.org/ 

library/framework-62. 

You may submit comments on this 

document, identified by NOAA–NMFS– 

2020–0166, by any of the following 

methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2020–0166 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Laura Hansen, Fishery Management 

Specialist, 978–281–9225. 

SUPPLEMENTARY INFORMATION: 

Background 

In January 2018, the southern red 

hake stock was declared overfished. To 

meet the Magnuson-Stevens Act 

requirements of an overfished stock, a 

rebuilding plan and associated 

management measure changes are 

necessary to prevent overfishing, ensure 

adequate rebuilding, and help achieve 

optimum yield in the fishery. The New 

England Fishery Management Council 

took final action on this framework at its 

June 2020 meeting and submitted the 

action to us in mid-August 2020. 

Proposed Action 

Framework 62 would establish a 10- 

year rebuilding schedule for southern 

red hake. The proposed rebuilding 

schedule is a range from a minimum 

associated with a similar increase in 

biomass that occurred during 2006– 

2011 to a longer duration that accounts 

for biological characteristics of red hake. 

Southern red hake are fully mature, on 

average, at age 3 and the maximum 

observed age is 10 years in 2011–2019 

survey data. By applying the estimated 

maturation rate and using biomass at 

age as a guide, and making reasonable 

assumptions that fertility (increases by 5 

percent per year after age 3) and egg 

viability (full viability at age 5) increase 

with age, the Whiting Plan Development 

Team estimated that 50 percent of 

lifetime egg production of an unfished 

female occurs at 4.4 years. By definition, 

it would take 50 percent of a female’s 

egg production to exactly replace itself 

and its mate with offspring that would 

spawn a successive generation. It would 


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36520 Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Proposed Rules 

be reasonable to expect a higher level of 

confidence that southern red hake can 

rebuild in approximately two 

generations, which equates to 10 years. 

Under this rebuilding program, catch 

limits would be established by reducing 

the acceptable biological catch (ABC) to 

75-percent of the fishing mortality rate 

at maximum sustainable yield (FMSY) for 

the duration of the rebuilding period or 

until the stock reaches its biomass 

target, whichever happens first. In past 

years, the ABC has been set at 90- 

percent or higher of the FMSY. In 

addition, it would decrease the trip 

possession limit from 5,000 pounds (lb) 

(2,268 kilograms (kg)) to a dual 1,000-lb/ 

600-lb (453.6-kg/272.2-kg) possession 

limit based on the selectivity of the gear 

type or mesh size being used. The 600- 

lb (272.2 kg) possession limit would 

apply to standard small-mesh trawls 

(less than 5.5-inch (13.97- centimeters 

(cm) square or diamond mesh), which 

are less selective, while the 1,000-lb 

(453.6-kg) possession limit would apply 

to large-mesh trawls and other more 

selective gear types. These small-mesh 

selective gear types include raisedfootrope trawls, large-mesh belly panel 

trawls, and rope separator trawls. The 

reduced possession limits are intended 

to reduce landings and catch and to 

incentivize fishermen to use gear and 

gear configurations that reduce the catch 

of red hake. The in-season 

accountability measure will remain in 

place which would reduce the 

possession limit to 400 lb (181 kg) when 

the landings meet or exceed the total 

allowable landings (TAL) trigger at 40.4 

percent of the ACL. The Regional 

Administrator may deem other gears as 

selective based on an evaluation of their 

ability to adequately reduce the catch of 

red hake and would be announced 

through issuance of a rule in the Federal 

Register. In addition, the 1,000-lb 

(453.6-kg) possession limit applies to 

vessels when using gears other than 

trawls. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with all applicable Fishery Management 

Plans that the Council manages, other 

provisions of the Magnuson-Stevens 

Act, and other applicable law, subject to 

further consideration after public 

comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

The factual basis for this certification is 

as follows. 

The New England Fishery 

Management Council evaluated the 

potential socioeconomic impacts of the 

proposed measures in conjunction with 

an environmental assessment. This rule 

would affect all permitted small-mesh 

multispecies vessels; therefore, the 

direct regulated entity is a firm that 

owns at least one small-mesh 

multispecies permit (either an open 

access or limited access Northeast 

multispecies permit). These businesses 

catch a small fraction of small-mesh 

multispecies; furthermore, they are 

minimally affected by the proposed 

action. To estimate the number of 

commercial entities that may experience 

impacts from the proposed action, 

active small-mesh multispecies entities 

landing southern red hake are defined 

as those entities containing permits that 

are directly regulated and that landed 

southern red hake in 2018 for 

commercial sale. In 2018, there were 

168 business entities landing southern 

red hake, of which 167 were classified 

as small business entities that could 

potentially be affected by the proposed 

action. However, it is further estimated 

that the proposed action would affect 

only about 50 of those 167 identified as 

small business entities. These 50 small 

business entities derived, on average, 

about 0.57 percent of total entity 

revenue from red hake. 

The measures proposed in Framework 

62 would increase the long-term 

economic benefits on small entities. The 

proposed action would establish a 

rebuilding plan and management 

measures for the southern red hake 

stock. More specifically, the action 

would create a lower-tiered year-round 

trip possession limit based on gear 

selectivity for southern red hake, unless 

an in-season accountability measure is 

put in place which would reduce the 

possession limit to 400 lb (181 kg) when 

the landings meet or exceed the TAL 

trigger at 40.4 percent of the ACL. This 

is meant to incentivize vessels to use the 

more selective gear to reduce overall 

southern red hake catch levels while 

still allowing a slightly higher 

possession limit to reduce regulatory 

discards. Overall, Framework 62 would 

ensure that catch levels are sustainable 

and contribute to rebuilding southern 

red hake stock and, therefore, maximize 

yield. 

The low negative economic loss to 

small entities from this action are 

associated with the small decrease in 

the southern red hake possession limit. 

The suite of preferred alternatives will 

result in a slight loss in revenue from a 

slight decrease in southern red hake 

landings compared to taking no action, 

which would keep the southern red 

hake possession limit at 5,000 lb (2,268 

kg) and allow higher overall catch limits 

(i.e., higher ABC). The proposed 

changes in management measures are 

not likely to dramatically change fishing 

behavior and or catch because 60 to 80 

percent of southern red hake are 

currently discarded due to lack of 

marketability. The magnitude in 

economic loss is low because the stock 

is not typically targeted. Therefore, the 

Council concluded, and NMFS agrees, 

that this action would not have a 

significant adverse impact on a 

substantial number of small businesses. 

This proposed rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: July 1, 2021. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 648 is proposed 

to be amended as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 2. In § 648.86, add paragraph (d)(1)(v) 

to read as follows: 

§ 648.86 NE Multispecies possession 

restrictions. 

* * * * * 

(d) * * * 

(1) * * * 

(v) Possession of southern red hake 

while under a rebuilding plan. When 

the southern red hake stock, defined as 

statistical areas 525–526, 533–534, 541– 

543, 537–539, 562, 611–616, 621–623, 

625–628, 631–634, 635–638, is under a 

rebuilding plan, the year-round 

possession limit for southern red hake 

shall be the following: 

(A) Vessels possessing on board or 

using nets of mesh size smaller than 5.5 

in (13.97 cm). Owners and operators of 

vessels may possess and land no more 


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Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Proposed Rules 36521 

than 600 lb (272 kg) of southern red 

hake per trip when: 

(1) Using trawls with diamond or 

square mesh size less than 5.5 in (13.97 

cm); and/or 

(2) A vessel is in possession of a net 

with mesh size smaller than 5.5 in 

(13.97 cm), unless it is properly stowed 

and not available for immediate use in 

accordance with § 648.2 and not used 

on that trip. 

(B) Vessels using nets of mesh size 

greater than or equal to 5.5 in (13.97 

cm), using small-mesh selective trawls, 

or gear other than trawl. Owners and 

operators may possess and land no more 

than 1,000 lb (453 kg) of southern red 

hake per trip when: 

(1) Using trawls with diamond or 

square mesh size 5.5 in (13.97 cm) or 

larger; 

(2) Using small-mesh selective gear, 

including raised-footrope trawls as 

defined in § 648.80(a)(9)(ii), large-mesh 

belly panel trawls as defined in 

§ 648.84(f), rope separator trawls as 

defined in § 648.84(e), and other 

selective gears deemed by the Regional 

Administrator to adequately reduce the 

catch of red hake; or 

(3) When using gears other than 

trawls. 

* * * * * 

■ 3. In § 648.90, revise paragraphs (b)(2) 

introductory text and (b)(2)(i) to read as 

follows: 

§ 648.90 NE multispecies assessment, 

framework procedures and specifications, 

and flexible area action system. 

* * * * * 

(b) * * * 

(2) Process for specifying ABCs, ACLs, 

and TALs. The Whiting PDT shall 

calculate the OFL and ABC values for 

each small-mesh multispecies stock 

based on the control rules established in 

the FMP. These calculations shall be 

reviewed by the SSC and guided by 

terms of reference developed by the 

Council. The ACLs and TALs shall be 

calculated based on the SSC’s approved 

ABCs, as specified in paragraphs 

(a)(2)(i)(A) through (C), and (a)(2)(ii)(A) 

through (C) of this section. 

(i) Red hake—(A) ABCs. (1) The 

Council’s SSC will recommend an ABC 

to the Council for both the northern and 

southern stocks of red hake. The red 

hake ABCs are reduced from the OFLs 

based on an adjustment for scientific 

uncertainty as specified in the FMP; the 

ABCs must be less than or equal to the 

OFL. 

(2) While the southern red hake stock 

is under a rebuilding plan, the ABC for 

that stock shall be set to 75-percent of 

the OFL for the duration of the 

rebuilding period or until the stock 

reaches its biomass target, whichever 

occurs first. 

(B) ACLs. The red hake ACLs are 

equal to 95 percent of the corresponding 

ABCs. 

(C) TALs. (1) The red hake TALs are 

equal to the northern red hake and 

southern red hake ACLs minus a discard 

estimate based on the most recent 3 

years of data and then reduced by 3 

percent to account for silver hake and 

offshore hake landings that occur in 

state waters. 

(2) If more than two-thirds of the 

southern red hake TAL is harvested in 

a single year, the Regional 

Administrator shall consult with the 

Council and will consider implementing 

quarterly TALs in the following fishing 

year, as prescribed in the FMP and in a 

manner consistent with the 

requirements of the Administrative 

Procedure Act. 

* * * * * 

[FR Doc. 2021–14457 Filed 7–9–21; 8:45 am] 

BILLING CODE 3510–22–P 


khammond on DSKJM1Z7X2PROD with PROPOSALS